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to the miranda rule. they've not advised him of his rights. so they can only ask about potential threats to public safety. were there other conspirators, other bombs out there, any reason to believe that public safety is in any way jeopardized. >> pete, one of the persons cited in terms of this idea that there may have been more violent plans on order at the hands of the brothers is this person who was hijacked by the brothers on thursday night. and the driver of a mercedes suv. we know that he's been cooperating with police. is there anything else that we know about his involvement in all of this? >> yeah, the business about new york is very iffy, frankly. i've emailed briefly with this person. he claims that he escaped with they stopped at a gasoline station. but he's also told the police that he was told by these two men, that they were the marathon bombers. but that they were not going to kill him because he was not an american. what he told the police was, that he thought they were speaking arabic. that's probably not the case, they were probably speaking russian or some dialect. an
, everyone grows with racle-gro. >>> there was no miranda warning given. that they were claiming a public safety exception. could we get an explanation for that. >> there is a public safety exemption in cases of national security and charges involving acts of terrorism and so the government has that opportunity right now, though i believe that the suspect has been taken to a hospital. >> you heard it right there. no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it
understand if he is indeed conscious and does survive before reading him miranda rights; is that correct? >> i believe molly line will be talking about that a little bit as well. there is a loophole. there is a way they don't have to. so he was not read his miranda rights to allow to ask questions of him. we don't know if questions have been asked. they may have asked questions of him when he was under the situation he was in, of course being pretty seriously injured. they do believe he is going to make it. that was something, not only important for them to do that because that is what we do in this society but important because of this investigation. last night we were told he was being brought here for treatment. we weren't too far behind the ambulance. as you made your way through boston, you could see many of the businesses reopened. you saw restaurants and bars reopened. at one point there was a small college and 500 students had gone into the streets and blocked off all four lanes cheering, holding signs and as first responders and medical teams came through that had nothing to do
given all that's transpired over the last week. >> he was not read his miranda rights which a lot of people are talking about today. explain the reason why. >> well, in the law there's what they have called a public safety exception to miranda. everybody knows what miranda is. you have the right to remain silent. anything you say can and will be used against you. the police don't have to say that to you if they are in hot pursuit of something relating to public safety. maybe worried about bombs in this case. they're worried about another plot or something else happening. so under those circumstances authorities do not have to give the miranda warning immediately to a suspect. a lot of people out there saying on the right that they ought not give miranda rights or any other kinds of rights to people who are deemed terrorists. people on the left saying you ought to use the regular court to try to try these individuals. this is an ongoing debate about the law in this country. >> let's talk about the penalty that the younger suspect may face. we're still waiting for charges to be file
not get his miranda rights. >> among of group of republicans calling for the boston bombing suspect to be considered an enemy combatant. that means he would not have the same constitutional protection as a regular citizen, with regard to what he says as the investigation moves forward. will this happen? california congressman, a senior member of the intelligence committee. congressman, always good to see you. i know that you disagree with the congressman and think that the suspect is in custody. is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will have to be mirandized, doesn't mean the end of cooperation, but no basis yet to conclude they should be trea
gathering purposes since he's been president. when we read these people their miranda rights and give them a lawyer the only way you can gather intelligence is if the terror suspect and the lawyer will allow you to do so. intelligence gathering through plea bargaining is not going to make us safe. jenna: so we spoke to a former member of the fbi on our show yesterday that seems to not have a problem with miranda rights, that is their opinion. we'll see what they get as far as information from this one suspect. >> can i mention something. jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national security legal system where we can interview him without a lawyer to
's been read his miranda rights and at what point does he get counsel? >> he will get counsel more or less immediately, if he asks for it. certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john king. >> -- he will either speak to -- >> john, you're hearing more? >> i just want to pass along information from our producer, who says two federal law enforcement officials have confirmed to her they have verified the identity. it is the younger brother, suspect number two, in custody. it is now they say federal officials verified the identity and have no doubt. as i said earlier, a federal official i communicated with said in custody, unspecified medical needs and they
okayed the suspension of the suspect's miranda rights. is that a temporary suspension? >> reporter: yes, by law it is. it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrog
, let me come over to you, a lot of talk about miranda. but give me a sense of what the leeway is especially in situations like this, after acts like what happened here at the marathon. >> well, it is yesterday's news. he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me d
was provided before or after that judge/magistrate was there and r read him his miranda rights? the right to remain silent and the right to have an attorney? >> sources have indicated to us that was part of a questioning that they did under the -- fbi agent does under a national security exemption, before he was assigned counsel. they had the ability in the interest of public safety exception to be able to ask questions, were there additional coconspirators, where and were there additional explosives. the source of things you want to know immediately in order to protect the public. presumably base wanted on what we are hearing, those are the questions they asked and the kinds of responses prior to the first appearance yesterday. >> that would fit in with the public safety exception in the there a in providing the miranda rights to this criminal defendant as he now is, charges have been read to him. fran, we'll stay in close touch with you, fran townsend. much more from boston in just a moment. other news that we're watching as well. the fbi, back in washington, up on capitol hill, lawmake
are told he had not been given his miranda rights. do you have any sense of whether he has this morning or how soon it will be before he does receive them? >> the -- the decision not to read miranda rights was made by the federal officials. this is a unique clause to the terrorism law that we've not dealt with at the local level before. so, we are standing by and watching that at this point in time to see how that develops. but, the lawyers are involved in the decision, and certainly we're very anxious to talk to him, and the investigators will be doing that as soon as possible. >> commissioner over the weekend i heard you say you believe you found evidence your offices did you believe that these brothers were planning some kind of another attack, or at least prepared for it. tell us about that. >> the two suspects were armed with handguns at the scene of the shoot-out. and there were multiple explosive devices, including a large one that was similar to the pressure cooker device that was found on boylston street. i saw that with my own eyes. i believe that the only reason that someone
by the high value detainee an teargas group, that sounds scary to me. >> not anymore. he was read his miranda rights. they tried it and he couldn't speak. >> he will still be interrogated though. >> the intelligence information takes weeks and months to get out of somebody. i am not talking about enhanced an teargas, but they should have taken this guy to guantanamo bay and let him look at the bright caribbean sun for awhile and he will start talking. >> i want to go to bill about this lyndsay graham talking about how the fbi didn't know that tamerlan went on a overseas trip because his name was misspelled. >> he went over to russia, but apparently when he got on the airplane they miss sh -- misspelled his name so it never went in the system that he went to russia. >> it happens to you all the time. schulz with a t and schulz without a t. >> it has let me live on the funds of snoopy money. i am related to charles and off i go. if lyndsay graham had just stuck to that talking poimt he could have gone to any one of the sunday shows. lyndsay graham is on more sunday shows than self-important mus
but say they were not in contact with overseas terror groups. he was read his miranda rights during an initial court appearance from the hospital that gives the suspect access to a lawyer. and means he will not be tried as an enemy combatant. described as a possible gun shot wound to the hand, the 19-year-old has been described as cooperative during questioning, forced to write his answers or nod yes or no. he told investigators that he and his brother came up with the attacks on their own finding internet resources to learn how to make bombs. he's been assigned three public defenders and could very well face the death penalty. a weekend search of dzhokhar's dorm room turned up a black jacket and white hat, similar to the surveillance photos. investigators also want to question tsarnaev's wife. she later converted to islam, dropped out of college and had a child with him. her attorney has said she had no suspicions that her husband might be plotting an attack. meanwhile, hundreds of people stood in silence at 2:50 p.m. one week after the bombings. president obama marked the moment o
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